| May 17, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, May 17, 2004, at 7:00 p.m. in Council Chambers. (note – Prior to Council meeting, Oath of Office administered to Mark A. Douglas, appointed as Councilmember at Large due to vacancy created when Richard Cultice became Auditor.) Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law (left at 7:05 pm) Richard L. Cultice, City Auditor INVOCATION was given by Council Member Clark. MINUTES: The Clerk gave a summary of the May 3, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Hutchinson, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared authorizing a Resolution of Necessity for sidewalk repairs at 712 W. Main. The estimated cost is $11,000. The property owner had passed away and the heirs were agreeable to this method of having the sidewalks replaced as the City will bid the work with the heirs either paying the City or having the cost assessed to the taxes on the property. (Mr. Anderson stated that since the Committee meeting, the exectrux for the estate has raised some issues and it is recommended that R-36-04 not be enacted at this meeting.) 2) Committee recommends legislation be prepared authorizing acceptance of 264 sq.ft. dedicated as public right of way by Nelson and Lara Dohm as part of the new Adams Street South, with the City having an encroaching garage demolished in exchange for the right of way needed to complete the new roadway construction. Reports signed by Hutchinson and Baker. RESOLUTION NO. R-32-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR A PROGRAM INVOLVING GENERAL PAVING AND THE PAVING OF CITY STREETS This Resolution was given first title reading on May 3, 2004. Given second title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Hutchinson, Baker, Wise, Douglas, Mercer and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Hutchinson, Baker, Wise, Douglas, Mercer, Clark and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-33-04 RESOLUTION AUTHORIZING PAYMENT OF THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 55 IMPROVEMENT AND DECLARING AN EMERGENCY This Resolution was given first title reading on May 3, 2004. Given second title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Wise, Douglas, Mercer, Clark, Saxton and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Wise, Douglas, Mercer, Clark, Saxton, Hutchinson and Baker. No: None. RESOLUTION ADOPTED May 17, 2004 Page Two RESOLUTION NO. R-34-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF THE AQUATIC CENTER This Resolution was given first title reading on May 3, 2004. Given second title reading. RESOLUTION NO. R-35-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH TROY HOUSING OPPORTUNITY UNITED, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Resolution was given first title reading on May 3, 2004. Given second title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Douglas, Mercer, Clark, Saxton, Hutchinson, Baker and Wise. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Mercer, Clark, Saxton, Hutchinson, Baker, Wise and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-04 RESOLUTION OF THE COUNCIL OF THE CITY OF TROY, OHIO DECLARING THE NECESSITY OF CONSTRUCTING AND/OR REPAIRING SIDEWALKS IN THE CITY OF TROY AND DECLARING AN EMERGENCY This Resolution was given first title reading. ORDINANCE NO. O-13-04 ORDINANCE LEVYING ASSESSMENTS FOR SIDEWALKS This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Baker, Wise, Douglas, Mercer, Clark and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Wise, Douglas, Mercer, Clark, Saxton and Hutchinson. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-14-04 ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A .0784 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Wise, Douglas, Mercer, Clark, Saxton, Hutchinson and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Douglas, Mercer, Clark, Saxton, Hutchinson, Baker and Wise. No: None. ORDINANCE ADOPTED 5-17-04 Page Three ORDINANCE NO. O-15-04 ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A 287.965 ACRE TRACT IN STAUNTON TOWNSHIP SOUGHT TO BE ANNEXED This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Mercer Clark, Saxton, Hutchinson, Baker, Wise and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Clark, Saxton, Hutchinson, Baker, Wise, Douglas and Mercer No: None. ORDINANCE ADOPTED ORDINANCE NO. O-16-04 AMENDED AND RESTATED ORDINANCE OF THE CITY OF TROY, OHIO RELATED TO THE STATUTORILY REQUIRED CONTRIBUTIONS TO THE OHIO POLICE AND FIRE PENSION FUND This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Hutchinson, Baker, Wise, Douglas, Mercer and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Hutchinson, Baker, Wise, Douglas, Mercer, Clark and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-17-04 AMENDED AND RESTATED ORDINANCE OF THE CITY OF TROY, OHIO RELATED TO THE STATUTORILY REQUIRED CONTRIBUTIONS TO THE OHIO POLICE AND FIRE PENSION FUND This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Baker, Wise, Douglas, Mercer, Clark, Saxton and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Wise, Douglas, Mercer, Clark, Saxton, Hutchinson and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-18-04 ORDINANCE ESTABLISHING SALARIES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Mercer, Clark, Saxton, Hutchinson, Baker and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Mercer, Clark, Saxton, Hutchinson, Baker, Wise and Douglas. No: None. ORDINANCE ADOPTED May 17, 2004 Page Four ORDINANCE NO. O-19-04 ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. O-64-03, FIXING SLARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Clark, Saxton, Hutchinson, Baker, Wise, Douglas and Mercer. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Hutchinson, Baker, Wise, Douglas, Mercer and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-20-04 ORDINANCE ESTABLISHING SALARIES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading on May 3, 2004. Given second title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer Yes: Hutchinson, Baker, Wise, Douglas, Mercer, Clark and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Wise, Douglas, Mercer, Clark, Saxton and Hutchinson. No: Baker. ORDINANCE ADOPTED ORDINANCE NO. O-21-04 AN ORDINANCE ACCEPTING THE DEDICATION OF CERTAIN REAL PROPERTY IN THE CITY OF TROY AS PUBLIC RIGHT OF WAY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Wise, Douglas, Mercer, Clark, Saxton, Hutchinson and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Mercer, Clark, Saxton, Hutchinson, Baker and Wise. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-22-04 AN ORDINANCE CHANGING ZONING FOR 10.1445 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, COUNTY AGRICULTURE, TO R-3, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading. COMMENTS OF MAYOR: Mayor Beamish welcomed Mr. Douglas back to Council. The Mayor outlined many of the activities he had been involved in over the past week, and noted that he and Council members Baker, Mercer and Hutchinson were able to experience a fire and firefighting from the view of the firefighters as they took part in a live burn training by the Troy Fire Department. COMMENTS OF DIRECTOR OF PUBLIC SERVICE & SAFETY: Mr. Anderson asked Chief Denney to discuss the live burn training. Chief Denney commented that Asst. Chief Newnam had suggested inviting elected officials to a live burn training on May 15 and certificates were presented to participants Mayor Beamish, Mr. Mercer, Mrs. Baker and Mr. Hutchinson. May 17, 2004 Page Five PRESENTATION: School Resource Officer (SRO) Officer Gainer commented that with the cooperative efforts with the Troy Schools, he and the two other SRO/DARE officers have seen a reduction in the number of students suspended or sent to Saturday School and a reduction in the number of complaints against students and a reduction in the number of arrests. Officer Gainer invited Council to attend the National DARE Day at Hobart Arena on May 21. In regard to financial contribution by the Troy schools for the three full time officers, it was stated the schools pay $10,000 and provide some in-kind contributions of office space and office supplies. Mr. Clark stated that it is difficult to set a value to the community of the DARE/SRO programs. Chief Phelps stated that during the summer the SRO/DARE officers will be part of the Police Dept. Bike Patrol. COMMENTS BY COUNCIL: .Mrs. Baker thanked the Fire Department for the live burn training and for seeing that Council was safely removed from the house. .Mrs. Saxton asked if parking along Adams St. South will be permitted, and was told there will not be parking directly on the street. .Mr. Wise thanked the staff who prepared for the two public meetings on the aquatic center and the citizens who attended. Mr Wise expressed appreciation for Council participating the recent Relay for Life. .Mr. Hutchinson thanked the Fire Department for the training opportunity. .Mr. Douglas stated that he is very glad to be back on Council. .Mr. Clark noted that Applebee’s is the newest restaurant to voluntarily go smoke free. He stated he spoke with a Dayton City Commissioner who told him the only reason Dayton did not pass smoke free legislation was a false perception of the adverse economic impact on restaurants. COMMENTS BY COUNCIL PRESIDENT: Mr. Lohrer announced that he had appointed Kent Kazmaier to the remainder of a term ending 12-31-04 on the Board of Tax Appeals, which position became vacant with the Mark Douglas becoming a member of Council. AUDIENCE COMMENTS: -Karen Purke, 1125 Westridge, thanked the City for assistance with the Preservation Weekend event held the past weekend and suggested it would be good to have historic district regulations/Ordinances on the web site. -Meggan Cupp, 1212 Stephenson Drive, encouraged approval of a ban on second hand smoke in public places in view of the adverse health impact. -Jerry Stichter, 467 W. Staunton Rd., stated he appreciated the public meetings on the aquatic center held at the Hobart Arena for the 30 persons who attended over the two days, and appreciates that R-34-04 is going to a third reading. Mr. Stichter asked about the process from this point. There was a response that the bid resolution will have a third reading at the next meeting when Council will decide if it will approve the legislation. If approved, the project will be bid. -Lester Conard, 1210 S. Clay, asked about the comments of those who attended the two public meetings on the pool. Mr. Anderson stated not everyone commented and most were generally favorable. -Steve Emmel, Strawberry Festival Chairman 2005, expressed concern that a new pool would not be completed by June 2005 and the construction interfere with the parking for the festival next year. Mr. Anderson stated the pool is to be complete and open Memorial Day 2005. EXECUTIVE SESSION. A motion was made by Mr. Mercer, seconded by Mr. Clark, to recess into executive session to consider the purchase of property for a public purpose. Motion passed by unanimous roll call vote. At 8:09 Council recessed into Executive Session. At 8:35 p.m. Council returned from Executive Session, made no further comment, and adjourned. ________________/s/________________ __________________/s/__________________ President of Council Clerk of Council |